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Resolution 2017-247 000xz 0o -OH rO x A � cr, onmmA RESOLUTION NO. 2017- 247 0 0 o w A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS o OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE ° m; AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN oxm q] THE RAW WATER WELL EASEMENT, LOCATED IN TRACT F o OF HERITAGE BAY VISTAS SUBDIVISION, PLAT BOOK 50, PAGE 33 OF THE PUBLIC RECORDS OF COLLIER COUNTY, o FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THEo m NORTH SIDE OF BELLAIRE BAY DRIVE, APPROXIMATELY ONE THIRD MILE EAST OF THE IMMOKALEE ROAD AND COLLIER BOULEVARD INTERSECTION, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, -H FLORIDA. (PETITION VAC-PL20170002997). WHEREAS, pursuant to Resolution 2013-166, Petitioner, Michelle Salberg, P.E. of Quattrone & Associates, as agent for the property owner, CPI/Watercrest Bellaire RE LLC, has requested the vacation of the County and Public interest in the Raw Water Well Easement, located in Tract F of Heritage Bay Vistas Subdivision, Plat Book 50, Page 33 of the Public Records of Collier County, Florida, located in Section 23, Township 48 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and WHEREAS, the granting of the Petitioner's request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and the Public interest in the Raw Water Well Easement, located in Tract F of Heritage Bay Vistas Subdivision, Plat Book 50, Page 33 of the Public Records of Collier County, Florida, located in Section 23, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Heritage Bay Vistas Subdivision, as recorded in Plat Book 50, Page 33 of the public records of Collier County, Florida. 1 of2 0 This Resolution adopted after motion, second and majority vote favoring same, this the 1 a.`�` day of pc , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS CN t)WJGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA s ` # 1 ' r � Ey: "1' Attest as to Chamois Clerk Penny Ta • , Chair qr.' signature only. Approves,as to form and legality: By: ori 4 I 771 [17 Scott A. Stone Assistant County Attorney Attachments: 1. Exhibit A 2. Location-Site Map 2 of 2 0 II k� a ENGINEERING Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A TRACT OR PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 23,TOWNSHIP 48 SOUTH,RANGE 26 EAST,BEING ALL OF A RAW WATER WELL EASEMENT LYING IN TRACT"F"OF HERITAGE BAY VISTAS AS RECORDED IN PLAT BOOK 50 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY,BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT"F";THENCE N 90°00'00"E ALONG THE SOUTH LINE OF SAID TRACT"F"FOR 180.79 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED;THENCE N 00°00'00"E FOR 110.00 FEET;THENCE N 90°00'00"E FOR 100.00 FEET;THENCE S 00°00'00" E FOR 110.00 FEET TO AN INTERSECTION WITH SAID SOUTH LINE; THENCE N 90°00'00"W ALONG SAID SOUTH LINE FOR 100.00 FEET TO THE POINT OF BEGINNING. SUBJECT PARCEL CONTAINS:0.25 ACRES,MORE OR LESS SUBJECT TO EASEMENTS,RESTRICTIONS,RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE RECORD PLAT OF HERITAGE BAY VISTAS,AS RECORDED IN PLAT BOOK 50 AT PAGES 33 THROUGH 42,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, WHEREIN THE SOUTH LINE OF TRACT"F"BEARS N 90°00'00"E. DESCRIPTION PREPARED 8-15-2017. A ,, ,,,:,..v.e...):: ,a, ...<4... 14.e. / . ./z RICHARD M.RI"P2'." = REGISTERED LAD SURV EYFR FLORIDA CERf�IFICATIO&NO. 4009 DATE SIGNEI3i`IO -201.7 S:Jobs\21xx\216'7 u;4?ng\De 1ptions\21675 HBV RWW EASE LGL.doc S:Jobs\21xx\2167S\Surveying\Descriptions\2167S HBV RWW EASE SKT.dwg SHEET 1 OF 2 • SERVING THE STATE OF FLORIDA • 10511 Six Mile Cypress Parkway • Suite 101 • Fort Myers, Florida 33966 Phone 239-939-5490 • www.bankseng.com • Fax 239-939-2523 Engineering License No. EB 6469 • Surveying License No. LB 6690 (0) m (4In Z CO tiff D ;-Cs 000 zk� ^' c;-:-.) 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Zp - O THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this 9 604day of m N � 0G ,2017,by CPU � Or Watercrest Bellaire RE LLC, as Grantor,to the BOARD OF cri m - 73N COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING o> -a o BODY OF COLLIER COUNTY,AND AS THE EX-OFFICIO GOVERNING BOARD OF = m THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, o m GRANTEE. rn WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) o and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor,hereby conveys, grants,bargains and sells unto Grantee, its successors and assigns, - a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s) thereof, in, on, over and under the following described lands located in Collier County,Florida,to wit: See attached Exhibit "A,"which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns,together with the right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s)or portion(s)thereof, in,on, over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the context allows. 1 0 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. CPI/WATERCREST BELLAIRE RE LLC, a Delaware Limited Liability company By: CPI/Watercrest Bellaire JV LLC, a Delaware limited liability company, its Manager By: Cherrywood Pointe Investment LLC, a Minnesota limited liability company, its Manager [is Witness' Sig .ture] - n Name: KE Mike Dailey �v� Senior Vice President [Type or print name] Title: ) �• I ;/pi By: e e [2"d Witness' Si. :tur � � �� ,r� Name: CQXZTI 1 r-A 11J --117r)Z Raymond C.Oborn [Type or print name] Title: President STATE OF CUrZ. O COUNTY OF T,�j"1. 'JEQ The foregoing was acknowledged before me this 2(Q day of ocitot12. , 2017, by MI IC..E on behalf of the company. He is personally known to me or he has produced as identification. COURTNEY SCHNEIDER NOTARY PUBLIC .%yt Jai 1 /. 6,1 STATE OF COLORADO Notary Public NOTARY ID 20094031471 A $$ION EXPIRES JANUARY 17,2020 [Affix stamp/seal] 2 STATE OFof Vo COUNTY O Dr-OVER_ The foregoing was acknowledged before me this 2(fday of ( -mZ„ , 2017, by441Abt,Jfl (`,. CfDi214 on behalf of the company. He is personally known to me or he has produced as identification. COURTNEY SCHNEIDER NOTARY OFOLORAO se I NOTARY ID 20094031471 Notary Public ' '__._ ,►i:' -y17,2020 [Affix stamp/seal] THIS INSTRUMENT PREPARED BY: Quattrone &Associates 4301 Veronica Shoemaker Blvd Fort Myers, Florida 33916 3 0 P • ENGINEERING Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A TRACT OR PARCEL OF LAND LYING IN SECTION 23,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A' A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 23,TOWNSHIP 48 SOUTH,RANGE 26 EAST,BEING A PORTION OF TRACT"F"OF HERITAGE BAY VISTAS AS RECORDED IN PLAT BOOK 50 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY,BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT"F";THENCE N 90°00'00"E ALONG THE SOUTH LINE OF SAID TRACT"F"FOR 180.79 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED;THENCE N 00°00'00"E FOR 25.00 FEET TO AN INTERSECTION WITH A LINE 25.00 FEET NORTH OF AND PARALLEL WITH(AS MEASURED ON A PERPENDICULAR)SAID SOUTH LINE;THENCE N 90°00'00"E ALONG SAID PARALLEL LINE FOR 173.02 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 405.00 FEET;THENCE EASTERLY ALONG SAID CURVE AND SAID PARALLEL LINE THROUGH A CENTRAL ANGLE OF 16°39'43"FOR 117.78 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 185.00 FEET TO WHICH POINT A RADIAL LINE BEARS S 59°12'55"E;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°38'57"FOR 111.88 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 915.00 FEET;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°01'57"FOR 32.46 FEET;THENCE N 88°18'14"E FOR 85.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID TRACT"F"AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 830.00 FEET TO WHICH POINT A RADIAL LINE BEARS S 88°09'15"W;THENCE SOUTHERLY ALONG SAID CURVE AND SAID EAST LINE THROUGH A CENTRAL ANGLE OF 02°01'07"FOR 29.24 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE AND SAID EAST LINE THROUGH A CENTRAL ANGLE OF 32°13'36"FOR 151.86 FEET;THENCE S 28°47'31"W FOR 24.42 FEET TO AN INTERSECTION WITH SAID SOUTH LINE AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 380.00 FEET TO WHICH POINT A RADIAL LINE BEARS N 28°47'31"E;THENCE WESTERLY ALONG SAID CURVE AND SAID SOUTH LINE THROUGH A CENTRAL ANGLE OF 28°47'31"FOR 190.96 FEET;THENCE N 90°00'00"W ALONG SAID SOUTH LINE FOR 173.02 FEET TO THE POINT OF BEGINNING. SHEET 1 OF 3 • SERVING THE STATE OF FLORIDA • 10511 Six Mile Cypress Parkway • Suite 101 • Fort Myers, Florida 33966 Phone 239-939-5490 • www.bankseng.com • Fax 239-939-2523 Engineering License No. EB 6469 • Surveying License No. LB 6690 SUBJECT PARCEL CONTAINS:0.53 ACRES,MORE OR LESS SUBJECT TO EASEMENTS,RESTRICTIONS,RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE RECORD PLAT OF HERITAGE BAY VISTAS,AS RECORDED IN PLAT BOOK 50 AT PAGES 33 THROUGH 42,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, WHEREIN THE SOUTH LINE OF TRACT"F"BEARS N 90°00'00"E. DESCRIPTION PREPARED 8-15-2017. RICHARD M.RITZ REGISTEREDI AND SURVEY FLORIDA C.ERTIFIC&19N 1 0.4009 DATE SIGNED 10-1012017, S:Uobs\21xz\167S'ISurveying\bescriptions\2167S HBV PR RWW EASE LGL.doc S:Uobs\21xx\2167S\Surveying\Descriptions\2167S HBV PR RWW EASE SKT.dwg SHEET 2 OF 3 ▪ � 0 tzi Co CO tiff Lz � 2 2 2 2 2 2 F o xk 000000 - titi � � � � � b ' aaaa' aa 30 Z ,� ro L. 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